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Ruidoso's forestry fees put on hold

A package of Ruidoso forestry ordinance revisions was kicked up to the village Planning and Zoning Commission by members of a forestry working committee, but progress on a new fee schedule is stalled pending accumulation of more data.

The committee's assignment from the Village Council was to find a way to reduce the forestry material collection loads being picked up by the Solid Waste Department and to come back with an equitable fee proposal, while ensuring the village is protected against wildfire.

One of the major changes to the village's forest management ordinance recommended to the planning commission, which, after a public hearing, will send its recommendations to the village council for approval, was to eliminate the need for a permit to cut trees of 16-inch diameter or less. Larger diameters still would require a permit, but only for live trees.

"Sixteen inches is a pretty common dimension of tree in this area," said Village Forestry Director Dick Cooke. "The proposed ordinance would exclude dead and hazard trees for 30 feet around the house. I didn't see a reason to require a permit, if those are required to be cut. A tree that is 20 inches and above in diameter is a tree that is kind of rare in our forest and should still require a permit."

"We already require them to cut down their dead trees," said Committee member Robby Hall, a firefighter with a forest management business. "The only thing we're asking for is 20 inch and larger to be permitted and green trees. That way, nobody can go cut out all the old growth and leave everything else.

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You have to leave some old growth. But the dead ones need to go."

Owners' responsibilities

In the same ordinance dealing with the standard for treating lots, "What we wanted to add was a better definition of a property owner's responsibilities," Cooke said. They must separate the cut material into two categories, under and over six inches in diameter. Slash is defined as less than six inches and should be mulched or wood chipped, he said. The owner is responsible for utilizing useful wood for fuelwood or to sell or give to vendors to decrease the load handled by the village solid waste department.

Green firewood should be covered with six-millimeter clear plastic to kill bark beetle and their larvae. Local vendors can remove the larger wood to use. What's left must be separated into the two size piles and placed on village right of way for pickup.

Cooke said the above six-inch diameter pile will be left for up to 60 days to enable the public to pick up what homeowners and others can use. Village Councilor and committee member Denise Dean recalled that once the material is placed on the right of way, it becomes village property and is only to be collected by authorized haulers.

Solid Waste Director Jeff Kaplan confirmed a state law exists to that point, but has never been enforced locally because of the forested condition of the village. "I am not promoting doing that today either," he said of enforcement. "But it is a state law."

Hall suggested cutting the reference to use by the public and just leave wording that the material would be left there for 60 days. "We're hoping they will haul it off so Jeff doesn't have to, but you may not want to state that in the ordinance," he said.

Dean asked about length limits for the wood, but Cooke said none was specified. "Some are really long and I don't know how someone could pick them up and throw them in the back of their pickups," Dean said. The pieces cut in a foot or 18-inch lengths disappear quickly, she said. "Would it be advantageous to ask that larger ones be cut in more manageable lengths?"

Cooke said it's better to leave the length option open, especially for owners of larger tracts, who are seeking a market for the material. Management plans are written for the larger lots and length could be modified in that form, if needed, he said

"There's all sorts of lengths around town, you just have to drive around and find what you want," Hall said.

Larger tracts

Larger tract owners always can elect to masticate and chip onsite, as long as the covering is not more than two-inches deep, which would kill forbs and natural grasses, Cooke said.

Committee Member Jon Crunk said he's received complaints from landowners who contend they pay a monthly forestry fee and should not be charged an additional amount for disposal when a lot is treated. "Somewhere legal or someone has to give me (a response), tell them they paid for their portion of the six inch and under," he said. "It's an additional cost the city takes on and we expect the landowner to carry part of that burden."

"It's something we need to discuss," Cooke agreed. "There was a proposal that would allow us, if the land owner handled his own slash and treatments, not to charge him."

Crunk asked what would happen to the $14 a month charged per lot now for forestry collection, if in 10 years, it no longer is a problem. "Are we going to take $14 off their bill?" he asked, then added, "Sorry, I have never seen government do that."

Village Manager Debi Lee said people forget that to guarantee the ability to perform collections, the solid waste department must maintain equipment and staff. "There are fixed costs and those don't go away," she said. "The goal is to find the most efficient way to operate so those costs are really are what you need to recoup the expense, not an excessive cost."

Dean said once the entire village is certified and treated, the council wants to look at the possibility of reducing the monthly fee. Cooke said small lots with houses experience a perennial pine needle cast. The need for service occurs annually.

Lee said the finance subcommittee should examine the issue. "We've been waiting for the new rate to be billed a couple of times," she said. "We're working through some of the bugs. The change in the new fee was a reduction, if you're certified. And it's half the price per acre after first acre. If you want a safe community and live in the forest, you want to be certain people are cleared and certified and all debris has been picked up and that's the base fee. The discussion should focus on any allowance for larger or (other circumstances)."

Proposed changes to forestry rules

Other proposed changes to forestry management rules proposed earlier this month by members of the Ruidoso Forestry Working Group included that:

on larger properties, the forestry director has the authority to come up with disposal options and fuels management plans, possibly even burial.

new requirements since 2004 for Fire Wise communities be incorporated. Instead of basal area, wording would refer to spacing of trees. As slopes become steeper, the spacing lengthens to keep a fire on the ground, Cooke said. The required defensible space from a house also becomes larger, he said.

in Zone One, covering zero to 10 feet from a house, trees are not allowed with canopies below a home's eaves. They must be trimmed to above the roofline of the house.

Committee member Jon Crunk said insurance companies are demanding that concession as well as adequate widths of road, enclosed soffits and certain distances from a house for propane tanks.

"This is a huge step forward," he said. "I think we're incorporating many of those (requirements) here. It' great stuff and were finally growing up as a governing body. It's so far ahead of what we have right now, but I don't know that we have the resources or ability to talk about propane tanks or that we want to in the Forestry Department."

That jurisdiction probably would fall under the village fire department, he said.

Cooke said when he's inspecting a property, road width and soffits are considered, but to ensure compliance, the requirements should be incorporated into the building code.

"Most new construction have the bells and whistles in there, like nonflammable decks," he said.

At the next committee meeting, Chairman Jim Stoddard, a village councilor, suggested a field trip to see how woody material disposal was handled on property treated around Grindstone Reservoir and other sites.